1. The part concerning a counterclaim in the judgment of the first instance shall be revoked;

2. The defendant (Counterclaim plaintiff) against the plaintiff (Counterclaim defendant).

1. After remanding, the first instance court (hereinafter “Plaintiff”) rendered the judgment of this Court.

(2) The Court dismissed the Plaintiff’s primary and conjunctive claims, and changed the judgment of the first instance court to the effect that it partly accepted the Defendant’s counterclaim and dismissed the Defendant’s remaining counterclaims.

3) The judgment of remand (the Supreme Court dismissed the Plaintiff’s appeal against the principal lawsuit, and reversed the part of the judgment of this court prior to remanding, which claimed a counterclaim, and remanded to this court.

Therefore, the subject of the judgment of this court after remand is limited to the part on the above reversal and return, i.e. the counterclaim.

2. On December 22, 2017, the Seoul Rehabilitation Court 2017 Madan10098 decided to commence a simplified rehabilitation procedure against the Plaintiff’s litigant A, and A taken over A’s lawsuit by becoming a legal administrator of the rehabilitation debtor A.

On May 15, 2018, the rehabilitation debtor A was declared bankrupt on May 15, 2018 by the Seoul Rehabilitation Court 2018Hadan1983, and the plaintiff was appointed as the bankruptcy trustee, and the defendant denied the full claim in the claim for confirmation.

On April 28, 2020, the Plaintiff filed an application for taking over the litigation procedure and taken over the lawsuit of this case.

3. Basic facts

A. On November 5, 2014, A and the Defendant entered into a lease agreement with the Defendant, setting the lease deposit amount of KRW 200 million, monthly rent of KRW 500,000, and the lease term from October 30, 2015 to October 30, 2020 with respect to the first floor D (hereinafter “instant commercial building”) of the first floor of the building in Sungsung-si, which is expected to be newly constructed by the Defendant and expected to be sold by the Defendant.

(hereinafter “instant lease agreement”). B.

A paid the Defendant KRW 40 million as the down payment of the instant lease deposit on November 5, 2014, KRW 40 million as the intermediate payment on February 10, 2015, and KRW 40 million as part of the remainder payment on July 6, 2015, respectively.

C. The instant building was completed on December 18, 2015.

A. A.